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Research Safe Harbors

If not for four exclusions set out in the
EAR and
ITAR, many University
activities could result in the need for export licenses. Fortunately, these four
exclusions act as a safe harbor for most University information-sharing:

Fundamental Research Exclusion:

Information arising from basic and applied research in science and engineering at an
accredited institute of higher learning within the U.S., where the resulting information
is ordinarily published and shared broadly with the scientific community, is excluded from
the scope of the ITAR and EAR.

Public Domain/Publicly Available:

ITAR: information which is already published and generally accessible
to the public is not subject to ITAR. Information that is available through books,
periodicals, patents, open conferences in the United States, websites accessible to the
public with no access controls, or other public release authorized by the U.S. government,
is considered in the public domain.

EAR: publicly available technology and non-encryption software, such
as information that is the subject of an open patent application, published in a book or
periodical, released at an open conference anywhere, available on a website accessible by
the public with no access controls or information that will be published is not subject to
the EAR. This includes submission of manuscripts to journals for consideration with the
understanding that the article will be published if favorably received.

Educational Instruction:

EAR: information that is released by instruction in catalog courses
and associated teaching laboratories is not subject to the EAR.

ITAR: information concerning general scientific, mathematical, or engineering
principles commonly taught in schools, colleges and universities is not controlled by
ITAR.

Bona fide/full time employee:

Disclosure of technical data (as defined by ITAR) in the United States to a University
bona fide and full-time regular employee, whose permanent abode is in the U.S., the
employee is not a national of an embargoed country, and the University informs the
employee in writing that the technical data may not be transferred to other foreign
nationals without approval, is excluded from ITAR.

If unsure, check with exports@uw.edu to determine
if an exclusion applies to information, software, or technical data you intend to share
with a foreign national or send abroad.

Research Export Review

Any of the following activities associated with research at the University requires
awareness and compliance with export control regulations:

Export of tangible items outside the United States

Working with proprietary or otherwise restricted information (Sensitive
Uncontrolled Information or "SUI")

Projects performed abroad by UW personnel

Furnishing defense services to a foreign person within the United States

Transacting with embargoed or sanctioned countries or parties

Creating, receiving or working with encryption software

Providing technology or software regarding controlled equipment to a foreign
national